- (1.) HEARD the counsel for the parties.
(2.) THE petitioner is challenging the order of 2nd Additional Sessions Judge, Chaibasa passed in Criminal Revision No. 39 of 1999, allowing the revision application and setting aside the order of the Sub -Divisional Magistrate dated 11.10.1999, converting a proceeding under Section 144 Cr.P.C. into a proceeding under Section 145 Cr.P.C. The facts, in short, are that the petitioner herein, being the first party filed a petition before the Sub -Divisional Magistrate, Sadar, Chaibasa, for initiation of a proceeding under Section 144 Cr.P.C. against the opposite parties alleging therein that the lands mentioned in the Scheduled -B of the petition were their ancestral lands and the petitioner alongwith her family members were all along in cultivating possession of the same and they were also paying the rent for the same but the opposite parties are bent upon to take laws on their own hands to fulfill their evil design to garb the said lands belonging to them 4. It appears that thereafter, a proceeding under Section 144 Cr.P.C. was initiated in between the parties with respect to the disputed land. Notice was issued to the opposite parties. Thereafter, the learned Executive Magistrate by his order dated 11.10.1999, after holding that there is apprehension of breech of peace with regard to the possession over the disputed land, he converted the said proceeding under S.3ction 144 Cr.P.C. into a proceeding under Section 145 Cr.P.C. The order dated 11.10.1999 converting the proceeding under Section 145 Cr.P.C. is annexed to this application. 5. The said order of the learned Executive Magistrate was challenged before the Revisional Court by the second parties -opposite parties mainly on the ground that the proceeding suffered from serious vagueness since the land in dispute had not been adequately described by plot numbers, area and boundaries etc. and, therefore, the proceeding was unsustainable in law. They took further plea that the dispute raised by the first party was in respect to the 0.07 decimals of land under Khata No. 175 of Village Achu in the proceeding under Section 144 Cr.P.C. but the learned Magistrate while converting the proceeding under Section 144 Cr.P.C. into a proceeding under Section 145 Cr.P.C. wrongly included the entire plot, i.e. the lands more than the area of 0.07 decimals. It was also stated that a regular Title Suit between the parties in the court below was already pending and, therefore, the proceeding under Section 145 Cr.P .C. was not maintainable. 6. The learned Revisional Court, by the impugned judgment allowed the revision application holding that the proceeding under Section 145 Cr.P.C. initiated by the learned Executive Magistrate was vague and since a civil suit between the parties with respect to the suit land was already pending and, therefore, initiation of the proceeding under Section 145 Cr.P.C. was not legally sustainable. 7. After perusal of the impugned judgment of the Revisional Court, I find that the view taken by the Revisional Court is perfectly correct and no interference is required by this Court. Accordingly having found no merit, this petition is dismissed.;